Business Law FAQ

HERE ARE A FEW OF THE MOST COMMON FAQ’S ABOUT BUSINESS LAW IN OHIO

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HERE ARE A FEW OF THE MOST COMMON FAQS ABOUT BUSINESS LAW IN OHIO

1) What’s a LIMITED LIABILITY COMPANY (LLC)

A Limited Liability Company is a form of business organization that unites the pass-through taxation of a sole proprietorship using the limited liability of a company. An LLC is taxed as the LLC isn’t a separate thing, just like a sole proprietor who has to report losses and profits in their private tax returns. On the other hand, the owner of this LLC cannot be held liable like a sole proprietor could be held responsible, as LLC’s have a”corporate shield.” This shield isn’t complete; then the operator is going to be held responsible when the owner of an LLC devotes a private act that’s prohibited or negligent. Contact us to get any help with your Business Planning and Business Law.

2. What’s the definition of an Ohio CORPORATION?

A company is. This usually means that the company is different from the men and women who control, possess, and manage the firm. Taxation legislation and corporate perspective a company for a pseudo-person which may be taxed, enter into contracts, and incur profits and losses. A company prohibits the men and women who control, possess, and manage the business. It implies that in the event the company incurs a judgment contrary to itself, these owners’ assets are protected. There are two types of businesses: C Corporations and S Corporations.

3. What’s an S CORPORATION IN OHIO?

An S corporation is a company that has selected or”chosen” to have a special tax status with the IRS. This S corporation election implies that S companies don’t need to pay taxes. Rather, a tax return file but report any company profits or losses on the owners’ tax returns, so that the company taxes are paid to the level. This avoids the”double taxation” that C businesses usually have. Just like a C corporation, S companies have limited liability, so the owners won’t typically be held responsible for the wrongdoings of the corporation. However, to create an S corporation, there should be significantly less than 100 total owners that are U.S taxpayers. The owners can’t be certain trusts, LLCs, C corporations, S corporations, or partnerships.

4. What’s a C CORPORATION IN OHIO?

C companies are the most frequent type of business. Such as an S corporation, limited liability is offered by a C company. C companies may raise funds and may have an infinite number of owners. However, C corporations could be subject to”double taxation,” meaning the company will file its independent tax return (Form 1120) and cover a corporate tax rate. Furthermore, if earnings are spread the company owners via dividends, the owners may be taxed in a single level. C companies permit to be tax deductible.

5. WHAT IS A CORPORATION IN OHIO?

A Non-Profit Corporation is a type of company that’s tax-exempt. To be eligible as a non-profit company, the company must be arranged in a manner that 1) gains the people, 2) benefits a particular group of people, or 3) advantages the membership of their Non-Profit. In spite of the title, a company could be for-profit making a profit can’t be their intent.

6. What’s a STATUTORY AGENT MEAN?

If you have a company in the USA, you’ll have to get a registered broker or legal counsel, that’s designated to receive service of process. Service of process is the telling procedure which takes place when a company is a party to an act that is legal. Procedure cannot be served into an organization while business entities are regarded beneath the law. So the claim can move in court. Therefore, an agent for service must be elected by the company. Visit your nation’s Sectary of State site. Should you want more state-specific info regarding brokers. If you’re an Ohio business thing, Ohio’s statutory advice is available here, in addition to the kinds.

7. HOW DO I FORM AN LLC IN OHIO?

To create an LLC, you will have to enroll your LLC with the Secretary of State of your state. Once you file your LLC data with your condition, you’ll have to contact the IRS to get an Employer Identification Number (EIN). You may use company bank accounts to open and document the taxes of your business. You will have to contact your country’s Taxation Department to learn which tax duties you may owe.

Additionally, you’ll have to prepare company contracts and an Agreement. You will have to acquire permits and the licenses to operate your small business. States disagree on just how an LLC is registered. Therefore it’s ideal to locate a Company Planning Attorney to assist you along the submitting procedure. If you’re in Ohio, then-Attorney Dennis Rathburn will assist you !

8. HOW DO I FORM A CORPORATION IN OHIO?

Forming a company has to form an LLC, actions. You have to file articles of incorporation with the Secretary of State of your state. You’ll have to create bylaws to your company after submitting the forms. After the bylaws are made, the Board of Managers might have their very first assembly, stock certificates could be given to the owners, and some other licenses could be obtained to run your company. It’s recommended that you contact an expert Business Attorney that will assist you in recording your incorporation documents.

9. WHAT ORGANIZATIONAL STRUCTURE IS Ideal FOR MY BUSINESS?

There are five chief factors you want to take into consideration when deciding on an organizational structure for your small business, in addition to some other factors that are unique to you. The five Chief points for you include:

a) Tax Preferences
b) Capitalization of the Company
c) if You Intend to issue and trade stock
d) The Management Structure of your Business Enterprise
e) Obligation

Tax and Obligation preferences are businesses over proprietorship or the primary reason. A company or corporate law attorney will have the ability to assist you in selecting which organizational arrangement is suitable for your company best.

10. What’s the DIFFERENCE BETWEEN A COPYRIGHT, TRADEMARK, AND PATENT?

All three serve different functions, although all three of those devices help safeguard intellectual property. A copyright aids protect”original works of authorship” or the kind of expression. On the other hand, the copyright doesn’t protect the subject matter such as a signature or patent will. By way of instance, copyright could protect an image or description of an ice cream sundae, but it wouldn’t prohibit other people from building a similar ice cream sundae.

There is A trademark designed to look after trademarks that, phrases, and the words a business uses on its products to indicate the origin of the merchandise. This prevents other companies from using a confusingly similar phrase, term, or emblem in the selling of their merchandise. By way of instance, if your business employs a penguin to publicize your ice cream sundaes, a signature will stop other businesses from making use of a penguin to market their ice cream sundaes. A trademark wouldn’t stop businesses. A patent is a source of property and protection directly to an inventor that’s been issued by the Patent and Trademark Office. A patent is usually great for 20 years from the date on which the application for the patent is registered. A patent could shield others from creating your ice cream sundae that is. You would have the ability to create your sundae if you don’t market your patent rights to another thing.

11. What Type OF PERMITS, LICENSES, OR REGISTRATIONS DO I NEED FOR MY BUSINESS?

The type of licenses, permits, and registrations you’ll have to operate depend upon about the sort of company you’re in. Listed below are examples of distinct files You Might Need to operate your own business:
a) Sales Tax Permit
b) Zoning Permits
c) Sellers Permit
d) Health Department Permits
e) Employer Identification Number (EIN)

12. WHAT’S A LIMITED LIABILITY PARTNERSHIP IN OHIO?

A Limited Liability Partnership (LLP) is similar to a Limited Liability Company, in the owners have restricted liabilities. Not one of the owners will need to become a general partner in a Limited Partnership, although A Limited Liability Partnership should have more than one owner. LLPs are a fantastic alternative for teams, like attorneys or accountants.

13. HOW DO I GET MY TAX OR EMPLOYER IDENTIFICATION NUMBER?

There are a few distinct ways to receive your tax or employer identification number (EIN). The IRS issues these amounts. You will either call the IRS at 1-800-829-3676 and ask a Business Tax Kit, or you could visit the IRS site and document for your numbers online. You might have to contact your accountant or a lawyer to help you with the info required to apply for an EIN.

14. I NEED A BUYER SELLER AGREEMENT IN OH?

A buy-sell arrangement should be considered by any company with over one shareholder or owner. If the owner or a person dies, divorces become disabled, or has been eliminated from occupation, about what to do, the company has to be prepared. A buy-sell agreement minimize and will offer a plan of activity. A buy-sell arrangement can include provisions to assist.

15. DOES AN ATTORNEY NEED TO PREPARE MY CONTRACTS?

You don’t technically require a lawyer. Using form contracts or even trying to craft your contracts if you neglect to tailor the contract into the needs of your business, might have consequences. A skilled lawyer will have the ability to assist you draft contracts which help protect you. Attorney fees may be pricey, but it is more costly to be prosecuted.

16. WHAT’S AN EMPLOYEE AND THE DIFFERENCE BETWEEN AN INDEPENDENT CONTRACTOR?

This is a question that comes up if a company could be found responsible. If the worker of the business commits an action, A company might be found liable for a tort claim. A company will not be responsible for an act. Normally, the difference between an employee and an independent contractor is a worker is hired to give work and can be subject to the employer’s control. An independent contractor is a person who isn’t subject to the identical amount of management as a worker and contracts to supply a business with work in line with the contract. If you’d like to learn more about what classifies an employee versus an independent contractor, then this graph could be valuable to you.

17. WHAT HAPPENS TO MY BUSINESS AFTER I DIE?

Many small business owners don’t think of what may happen to their company as soon as they die. It is something which all business owners will need to plan for. If you don’t draft any real estate planning documents for your organization or set your company, then your company will pass just like most your other resources through probate court. Your company sold away, together with the profits and will be liquidated in a few months. This procedure can be stressful for everyone involved. Therefore it’s suggested that their companies are placed by business owners. A trust will enable your company to continue should you offer or prefer a strategy to dissolve the company. If You Want to know more about real estate planning, check out our often asked questions about estate planning or contact.

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